Pennsylvania Jury Instruction - Deliberate Ignorance - As Proof Of Knowledge
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FAQ
Doctrine" refers to the rule that juries may find a defendant to have possessed the requisite knowledge for a given crime merely on the ground that he was willfully ignorant of the relevant fact. 4 The Supreme Court5 and all the federal courts of appeals6 have endorsed some version of the willful ignorance doctrine.
Ignorance can appear in three different types: factual ignorance (absence of knowledge of some fact), object ignorance (unacquaintance with some object), and technical ignorance (absence of knowledge of how to do something).
Hertwig and Engel define deliberate ignorance as ?a conscious choice not to seek information or knowledge, especially where acquisition costs are small and potential benefits are large.? Consider the following cases: ? A person takes an HIV test, receives an envelope with the results, but does not open the envelope. ?
There must be a finding of subjective suspicion on the part of the accused. The test is not objective. It does not matter whether the accused "should have", or "normally" would have, known the fact at issue. The determination of wilful blindness is contextual and must be made in "light of all the circumstances".
Ralph Hertwig: To give an example, if somebody takes an HIV test and then decides that they do not want to know the result and has unprotected sex, most of us would consider this to be morally highly problematic. In this case, the person who is deliberately ignorant would accept that they might be harming others.
The ostrich instruction is a jury instruction that the requirement of knowledge to establish a guilty mind (mens rea), is satisfied by deliberate ignorance - deliberate avoidance of knowledge. It arose from the case of United States v. Jewell.
Ignorance or mistake of fact provides a defense to a criminal charge when the mistaken view of the facts is inconsistent with the required criminal purpose. Thus, one who takes and carries away goods of another while believing them to be his own is not guilty of larceny since he lacks the intent to steal.
Deliberate ignorance?the choice not to know?has recently received growing attention in psychology (e.g., Gigerenzer & Garcia-Retamero, 2017; Hertwig & Engel, 2016), economics (where it is often dubbed ?information avoidance?; e.g., Golman, Hagman, & Loewenstein, 2017), neuroscience (e.g., Charpentier, Bromberg-Martin, ...